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(영문) 서울남부지방법원 2016.10.07 2015가단34639
물품대금
Text

1. The Defendant’s KRW 69,397,780 as well as the Plaintiff’s KRW 20% per annum from June 1, 2015 to September 30, 2015, and thereafter.

Reasons

1. Basic facts

A. On January 1, 2013, the Plaintiff entered into a contract with the Defendant for the supply of goods to the Defendant, including the visibility, bags, etc. of the NIXN’s brand (hereinafter “instant contract”). The key contents are as follows:

Article 6 (Business Right) “B” (referring to the Defendant) has the online exclusive business right in the category B from “A” (referring to the Plaintiff) to “B” (referring to the Plaintiff).

Article 7 (Payment of Price) "B" shall be completed within 30 days after issuance of an invoice.

Where “B” makes a request to “A” for materials deemed necessary for the payment of the price, “A” shall submit them to “B”.

Where "B" delays the payment of the price, it may suspend transactions due to a serious violation of the contract or terminate the contract under Article 9.

Article 9 (Termination of Contracts) In any of the following cases, the Parties may cancel or terminate a contract after giving prior notice to the responsible party:

When the purpose of the contract can not be achieved due to the failure to comply with this contract.

C. “B” fails to comply with the terms and conditions of payment as mutually promised.

B. From January 1, 2013 to January 31, 2014, the Plaintiff supplied total of KRW 333,387,080, and received KRW 263,989,30 from the Defendant.

On the other hand, on June 11, 2014, the defendant affixed a seal to the head of the Goods Trading Board (Evidence A5) presented by the plaintiff, and confirmed that the amount of goods unpaid under the contract of this case is KRW 69,397,780.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1, 2, 5 (including paper numbers), the purport of the whole pleadings

2. Determination:

A. According to the above facts, according to the judgment on the cause of the claim, the defendant sought 69,397,780 won for the unpaid goods and 30 days after the date on which the plaintiff issued the tax invoice to the defendant under the contract of this case.

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